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2025 DAILYLAW 88750 (ALL)

RAKESH v. STATE OF U.P.

NABAIL/6849/2025 · 2025-09-14

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6849 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 147 of 2025, under Sections 352, 125, 109(1), 351(2) B.N.S., Police Station Lodha, District Aligarh. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 05.06.2025. The first information report was lodged on 07.06.2025. The delay is fatal to the prosecution case. In the alleged incident no person has received any injury. No medical report is available in the case diary. It is next contended that the co-accused Vinay @ Vinay Pratap Singh has been granted anticipatory bail by this Court vide order dated 02.09.2025 passed in Criminal Misc. Anticipatory Bail Application No. 6932 of 2025. The applicant claims parity. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 3 to the supplementary affidavit. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, Versus Counsel for Applicant(s) : Ashvni Mishra Counsel for Opposite Party(s) : G.A. Rakesh .....Applicant(s) State of U.P. .....Opposite Party(s) he will not misuse the said liberty. 5. Learned A.G.A.opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact that the first information report has been lodged belatedly; in the alleged incident no person has received any injury; the co-accused Vinay @ Vinay Pratap Singh has been granted anticipatory bail by this Court; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. 7. In the event of arrest, the applicant Rakesh involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) NABAIL No. 6849 of 2025 2 recording of statement under Section 351 B.N.S.S. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 15, 2025 Lbm/- NABAIL No. 6849 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad